GO 4. POISONING CATTLE BY YEW CLIPPINGS. 



his loss on the hay was £10, but £30 was deducted for cheese he had 

 made, and milk used on the premises. It was attempted to show that 

 liis cows were affected with the "mouth disease," but he denied that 

 they had the running and blisters in the mouth consequent upon it ; and 

 Professor Spooner stated that the effect of creosote was to suspend the 

 secretions of the body, especially the secretions of milk, and stated that 

 none of the symptons from which the cows were described to have 

 suffered were analogous to those of "mouth disease." It was attempted 

 to show for the defence that other cattle drank of the stream, and were 

 uninjured, but the plaintiff had a verdict for £266 8s. 



In the case of Wilson v. Neivhury (7 L. R. Q. B. 31), the declaration 

 stated that the defendant was possessed of yew trees, the clippings of 

 which he knew to be poisonous, and that it was the duty of the defen- 

 dant to prevent the clippings from being placed on land not occupied 

 by him ; that the defendant took so little care of the clippings that 

 they were placed on land not occupied by him, whereby the horses of 

 the plaintiff were poisoned : held that the declaration disclosed no facts 

 from which a duty could be inferred in the defendant to take care of 

 the clippings. 



Wliere the occupier of land acquiesces in the erection of works (here 

 copper smelting furnaces) of a nature to do injury, but which appear 

 not to be, in fact, injurious to the adjoining land, there is no implied 

 acquiescence in the natural extension of those works in the ordinary 

 course of operations ; and Sir J. RomilJy M;R., in BanMuirt v. Houf/hton, 

 would not restrain the party agrieved from proceeding at law to obtain 

 compensation by damages for the injury sustained ; and semble that this 

 Court would not in such case interfere by iu junction to restrain the 

 continuance of the works, but would leave the parties to their remedy 

 at law. 



Uougldon v. BanMiart, on a motion for injunction, was under the 

 following circumstances : In the year 1853 the plaintiff became tenant 

 of certain farm lands in Glamorganshire, near which there were some 

 copper mines, known as the "Eed Jacket Mines," and opened for 

 working in 1849. Shortly after the plaintiff obtained possession of his 

 farms the projnietors of the Red Jacket Mines considerably increased their 

 furnaces, and in the course of time the plaintiff's horses, sheep, cows, &c., 

 began, as he alleged, to grow ill and die, so much so that in 1854 

 the plaintiff lost no less than between 200 and 300 sheep alone. In 

 1856 tlie plaintiff, having previously suspected that the copper fumes 

 from the furnaces poisoned his cattle, submitted one of his dead horses 

 to Mr. Herapath for examination, when that gentleman at once pro- 

 nounced the boast to have died from aborbing copper fumes. Plain- 



